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<div class="">September 13, 2013</div>
<h1>Deceptive Practices in Foreclosures</h1>
<h6 class="">By
<span>
<a href="http://www.nytimes.com/interactive/opinion/editorialboard.html" rel="author" title="More Articles by THE EDITORIAL BOARD"><span>THE EDITORIAL BOARD</span></a></span></h6>
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<p>
In early 2012 when five big banks settled with state and federal
officials over widespread foreclosure abuses, flagrant violations —
including the seizure of homes without due process — were supposed to
end. </p>
<p>
But abuses keep coming to light. Despite happy talk about a housing
rebound, nearly three million homeowners are in or near foreclosure, and
many continue to be victimized by improper and possibly illegal
practices. </p>
<p>
<a title="State of Illinois vs. Safeguard Properties 9/13/13" href="http://www.housingwire.com/ext/resources/uploads/SAFEGUARD_PROPERTIES_COMPLAINT.pdf">A lawsuit filed this week</a> by the attorney general of Illinois, Lisa Madigan, and a <a title="The New York Times, 9/10/13" href="http://dealbook.nytimes.com/2013/09/09/invasive-tactic-in-foreclosures-draws-scrutiny/?_r=0">report by The Times’s Jessica Silver-Greenberg</a> have detailed one such abuse. </p>
<p>
It starts out innocently enough. The banks hire property management
companies to determine whether homeowners who are behind on their
mortgage payments have abandoned their homes and, if so, to secure the
vacant property. </p>
<p>
It doesn’t always go that way. The Illinois suit accuses the largest
company in the industry, Safeguard, of breaking into homes despite
evidence of occupancy, damaging and removing personal property, changing
locks, cutting off utilities, and bullying occupants into leaving their
homes when they have the legal right to stay. In several other states,
private lawsuits and complaints to legal aid lawyers have alleged
similar abuses. </p>
<p>
Under the foreclosure settlement, banks are responsible for vetting,
supervising and auditing contractors, a category that clearly includes
property management companies. Profit and expediency, however, seem to
have trumped due process yet again. Property companies and their
subcontractors make more money on vacant homes than on occupied ones,
because abandoned property requires more work, including changing locks,
boarding up doorways and removing trash. And banks get some or all of
the proceeds from the sale of vacant homes. </p>
<p>
In the past, banks have downplayed foreclosure abuses by noting that
affected homeowners were, after all, late on their payments, as if that
justifies harassment and worse. The Illinois suit makes clear that
eviction is permissible only after a legal process is concluded. In
addition, state laws to protect homeowners are consistent with federal
policies — weak as they are — to promote loan modifications. Both state
and federal laws are intended to ensure fairness in the brutal
foreclosure process. </p>
<p>
Safeguard has said its work meets “the highest standards in the
industry.” The banks have said they carefully monitor the property
management companies. That is hard to square with allegations in the
Illinois suit, including the claim that Safeguard deemed homes vacant
when the foreclosure process was not under way or when homeowners were
negotiating loan modifications with the bank. </p>
<p>
Illinois prosecutors have correctly referred the Safeguard case to the
monitor of the foreclosure settlement, who must decide whether banks
have breached the settlement terms. State and federal officials should
start their own investigations. </p>
<p>
The failure of federal policy to ensure adequate mortgage relief to
borrowers, even as the banks were bailed out, remains an injustice and a
drag on the economy. Foreclosure abuses add inexcusable insult to
injury. </p>
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